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193 F.2d 874

Docket No. 4373.

Story v. Hunter

Tenth Circuit Court of Appeals

Decided Jan. 9, 1952.

Writ of Certiorari Denied March 31,1952.

Tenth Circuit Court of Appeals · decided 1952-01-09

Cited by 2 later decisions — most recently March 1963

1 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Wallace v. Hunter · Story v. Hunter

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-01-09

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¶1See 72 SvCt. 650.

¶2Roy L. Story, pro se.

¶3Lester. Luther, U. S. Atty., Eugene W. Davis and Malcolm Miller, Assts. U. S. Atty., all of Topeka, Kan., for appellee.

¶4Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

¶5PER CURIAM.

¶6This is an appeal from an order discharging a writ of habeas corpus.

¶7All of the issues presented have been adjudged adversely to the petitioner on prior applications for writs of habeas corpus. See Wallace v. Hunter, 10 Cir., 149 F.2d 59; Story v. Hunter, 10 Cir., 158 F.2d 825; and Story v. Hunter, No. 1571, D.C.Kan., order entered March 21, 1951.

¶8Under 28 U.S.C.A. § 2244, the trial court was not required to entertain the application.

¶9Moreover, it appeared that the petitioner had applied for and had been denied relief under 28 U.S.C.A. § 2255, and the application contained no allegations making it appear that the remedy by motion under § 2255 was inadequate or ineffective to test the legality of his detention.

¶10Affirmed.

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